Global Governance of Air and Space. Institutions, Law, Management and Policy

Autor: Małgorzata Polkowska

“This book provides a helpful investigation into the global governance regimes for air and space. The author explores the emerging space for global governance with emphasis on institutions before turning to air and space as two noteworthy case studies on global governance. With reference to an extensive range of relevant sources which, coupled with the author’s first-hand experience in international diplomacy in this area as the former ICAO Council Member for Poland (2013–2016), this book makes for a strongly supported, original contribution to the growing field of literature in this field”.

Dr Steven Truxal, Reader in Aviation Law, City, University of London

„(...) The emergence of this innovative publication on the market is very much to be welcomed. The author's research is aimed at defining the role of global governance in the field of air and space and analysing institutional, legal and organizational problems, as well as governance and policy issues. In her work, the author tries to answer the question whether there is a need to create a new global system of air and space management, as well to determine whether the existing international organizations are properly fulfilling their role in this field (...). This paper presents an interesting presentation of the global management of air and space. In an accessible and understandable way, it provides an insight into important but complex issues. A great advantage of the work is its innovative character, because it covers issues that have not been the subject of a wider analysis so far. The paper is interdisciplinary in nature; its conclusions refer to the system of international law, but will also be valid in the field of politics and diplomacy, as well as international management. It is also worth noting that the conclusions presented by the author are the result of her personal experience and observations, resulting from her work in international civil aviation management bodies (...)".

PhD Marta Pomykała, Prof. at Managemnt Faculty at University of Technology, Rzeszów

Spis treści

List of abbreviations and acronyms

Introduction

Part I. Global governance

Chapter 1. Global governance and world government 

1.1. Definition of “global governance” 

1.2. Governance and institutions   

1.3. Sovereignty in global governance   

1.4. Governance examples   

1.5. Governance of environment   

1.6. Governance of economy   

1.7. Governance of policy and institution   

1.8. Governance of peace and security   

1.9. Governance of science, education, information and communication   

1.10. Global and regional governance   

1.11. Governance – a way forward   

Chapter 2. Global governance in institutions   

2.1. International institutions: organizations   

2.2. Yearbook on International Organization   

2.3. The United Nations organization   

2.4. Implied power theory   

2.5. United Nations Systems   

2.6. United Nation today and in future   

2.7. Other Transnational Actors (TNA’s)   

2.8. NGO’s   

2.9. The IGO’s and NGO’s cooperation   

2.10. Regionalism   

2.11. IO’s – Next steps   

Chapter 3. Law, policy and management in global governance 

3.1. Global governance and the institutional law   

3.2. The concept of international institutional law   

3.3. Law-making by IO’s   

3.4. Legal personality of IO’s   

3.5. Accountability of IO’s   

3.6. Sovereignty in organizations   

3.7. Policy-making   

3.8. Risk management   

3.9. International diplomacy   

3.10. Privileges and immunities   

Part II. Global governance in air and space   

Chapter 4. Global governance in air   

4.1. Global governance regime for global aviation   

4.2. The international air navigation system   

(a) The Paris Convention of 1919   

(b) The 1944 Chicago Convention on International Air Navigation and its successive supplements   

Scope of the Chicago Convention   

General principles and application of the Convention   

Aircraft and navigation conditions   

Cabotage and aviation agreements   

Flights, air navigation safety, airports   

Nationality of civil aircraft   

Facilitation of air navigation   

Technical requirements for aircraft and conditions for admission to flight   

Personnel and Financing of the Organization   

International air transport   

ICAO and disputes between Member States   

Ratification, amendment of the Articles and the laws of the States Parties to the Convention   

Freedoms of the Air   

Tasks and structure of the International Civil Aviation Organization   

ICAO safety and security audits   

ICAO as global governance   

ICAO’s tasks and role of the General Assembly  Regional cooperation   

ICAO Council – Competencies and activities   

Commissions, committees and their tasks   

Air Navigation Commission (ANC)   

ANC Technical Panels   

Committees in the Council   

The Legal Committee   

ICAO Secretariat   

ICAO law-making   

ICAO conferences   

ICAO transport conferences   

ICAO diplomatic conferences   

ICAO legislation on civil aviation security   

1963 Tokyo Convention   

1970 Hague Convention   

1971 Montreal Convention   

1978 Bonn Declaration   

1991 Montreal Convention   

2001 High Level Ministerial Conference on Civil Aviation Security   

2010 Beijing Convention   

2014 Montreal Convention   

High Level Safety Conferences (HLSC)   

Conflict zones   

Global Market Measures Programme   

Other ICAO initiatives   

Aviation disaster risk reduction and crisis response mechanism 

Zika virus   

Cyber security   

ICAO Traveller Identification Programme (TRIP)

ICAO Strategy   

ICAO Programme for Volunteers in Aeronautics (IPAV)   

The NGAP programme   

Gender equality   

ICAO cooperation and promotion   

Chapter 5. Global governance in space   

5.1. Global governance regime for space   

5.2. The development of international space law   

5.3. Establishment and operation of international space organizations   

(a) Committee on the Peaceful Uses of Outer Space (COPUOS)   

(b) United Nations Office for Outer Space Affairs (UNOOSA)   

(c) United Nations Programme on Space Applications   

(d) The International Telecommunication Union (ITU)   

(e) International Institute of Space Law (IISL)   

(f) European Space Agency (ESA)   

(g) The European Space Policy Institute (ESPI)   

(h) INTELSAT, INMARSAT and INTERSPUTNIK   

(i) International Space Station (ISS)   

(j) International Association for the Advancement of Space Safety   

5.4. The European Union and space   

5.5. Global risks in space   

5.6. Global governance in space   

5.7. The initiatives to reduce the militarization of space   

5.8. The militarization of space and international law   

5.9. The space diplomacy   

5.10. Failures and successes of space diplomacy in the 21st Century   

5.11. Challenges to the space diplomacy for future   

5.12. Global Trends in Space Situational Awareness (SSA) and Space Traffic Management (STM)   

(a) The congested space   

(b) The contested space   

(c) The competitive space  Concluding remarks   

Annex. UN Charter (full text)   

Bibliography   

Index of important subject entries